{"id":"nsw:sl-2024-0382","name":"Education Standards Authority Regulation 2024","slug":"education-standards-authority-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"382 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174315,"registerId":"nsw-sl-2024-0382-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Education Standards Authority Regulation 2024](/view/html/inforce/current/sl-2024-0382).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Education Standards Authority Regulation 2019](/view/html/repealed/current/sl-2019-0360), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Education Standards Authority Act 2013](/view/html/inforce/current/act-2013-089).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Delegation of Authority’s functions—the Act, s 12B","content":"#### 4 Delegation of Authority’s functions—the Act, s 12B\n\n4 Delegation of Authority’s functions—the Act, s 12B\n\n> For the Act, section 12B(2), definition of authorised person or body, paragraph (f), the following are prescribed—\n> \n> > (a) principals, however described, of schools in the State and schools outside the State that are recognised by the Authority,\n> \n> > (b) directors, or equivalent, of TAFE establishments within the meaning of the [Technical and Further Education Commission Act 1990](/view/html/inforce/current/act-1990-118),\n> \n> > (c) directors, or equivalent, of NVR registered training organisations within the meaning of the [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) of the Commonwealth,\n> \n> > (d) chief executive officers, or equivalent, of approved providers within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008), section 83M,\n> \n> > (e) persons employed in the Department of Education,\n> \n> > (f) members of staff of a non-government schools authority within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008), section 26A.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exchange of information—the Act, s 16","content":"#### 5 Exchange of information—the Act, s 16\n\n5 Exchange of information—the Act, s 16\n\n> For the Act, section 16(5), definition of relevant agency, paragraph (e), the following are prescribed—\n> \n> > (a) a person or body responsible for registering or accrediting teachers under the law of a jurisdiction outside Australia,\n> \n> > (b) the Association of Independent Schools of NSW,\n> \n> > (c) the Australasian Teacher Regulatory Authorities,\n> \n> > (d) the Australian Institute for Teaching and School Leadership Limited,\n> \n> > (e) the Australian Education Research Organisation,\n> \n> > (f) Catholic Schools NSW Limited,\n> \n> > (g) Education Services Australia Limited,\n> \n> > (h) the Office of the Children’s Guardian,\n> \n> > (i) a non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008), section 3(1),\n> \n> > (j) an early childhood education centre within the meaning of the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065), section 3(1).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Repeal and savings","content":"#### 6 Repeal and savings\n\n6 Repeal and savings\n\n> > (1) The [Education Standards Authority Regulation 2019](/view/html/repealed/current/sl-2019-0360) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Education Standards Authority Regulation 2019](/view/html/repealed/current/sl-2019-0360), had effect under that regulation continues to have effect under this regulation.","sortOrder":5},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Education Act 1990 |\n| Section 57A(4) | $135 |\n| Section 83R(1) | $2,000 |\n| Section 83R(2) | $2,000 |\n| Section 87A(5) | $135 |\n| Offences under the Teacher Accreditation Act 2004 |\n| Section 26(1) | $550 |\n| Section 26(2) | $550 |\n| Section 28(1) | $1,000 |\n| Section 28(2) | $1,000 |\n| Section 42B(1) | $500 |","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals the 2019 regulation but s 6(2) preserves acts or things that had effect under the earlier regulation. The text indicates continuity of effect rather than an intended expansion or contraction of regulatory scope."},"complexity_factors":["Cross-references to multiple other Acts for definitions and legal effect (see s 3 referencing the Act and Interpretation Act 1987).","Prescriptive list of authorised delegation recipients spanning schools, TAFE, NVR RTOs and approved providers (s 4) which requires organisations to identify eligible office-holders.","Prescribed list of agencies for information exchange, including interstate and national bodies (s 5), creating data-sharing links and interpretation questions about 'responsible for' and institutional status.","Schedule of penalty notice offences mapping specific sections to fixed dollar amounts (Schedule 1) and the application rules for issuing notices (Application of schedule, s 1).","Repeal and savings clause (s 6) preserves existing effects from the 2019 regulation, raising transitional interpretation points about continuity of practice.","Commencement on publication (s 2) means immediate effect on release, affecting readiness and compliance timing."],"plain_english_summary":"This regulation replaces the 2019 instrument and takes effect on publication. It prescribes who the Education Standards Authority may delegate functions to, lists agencies with which the Authority may exchange information, and establishes fixed‑penalty notice offences and amounts under the Education Act and the Teacher Accreditation Act. It affects school and provider leaders, Department and non‑government school staff, and specified regulatory bodies. Mechanically, it authorises delegated decision‑making, authorised information‑sharing, and the use of set fines for named breaches."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the metadata available, there is no indication that the scope of this regulation has changed from its original intent. It appears to be a straightforward remake or update of regulations governing the Education Standards Authority, consistent with NSW's standard regulatory renewal cycle under the Subordinate Legislation Act 1989. No amendments or scope expansions are evident from the information provided."},"complexity_factors":["Only administrative metadata was provided — no substantive legislative content is available for analysis, making meaningful complexity assessment impossible","As a regulation (subordinate legislation) rather than a principal Act, it would typically implement detailed procedural or technical rules under a parent Act, which can introduce moderate technical complexity","Automatic repeal and staged repeal framework under the Subordinate Legislation Act 1989 adds a minor temporal complexity layer","Cross-referencing with the parent Education Standards Authority Act 2013 would be required to fully understand the regulation's operation"],"plain_english_summary":"This NSW regulation provides the administrative framework for the NSW Education Standards Authority (NESA), supporting its oversight of education quality, teacher accreditation and curriculum standards. The text supplied lacks the substantive clauses, so specific requirements cannot be determined from it.\n\nIt commenced 16 August 2024, is set to automatically repeal on 1 September 2029, and likely affects teachers, school leaders, accredited educators and registered schools because it may shape registration, accreditation and reporting arrangements."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation maintains the same scope as its predecessor. It is a standard remaking of subordinate legislation with minor updates to delegation and information-sharing lists. The penalty notice schedule preserves the same enforcement mechanism. No expansion beyond the original purpose of operationalising the Education Standards Authority Act 2013."},"complexity_factors":["Very short document (6 operative sections plus a schedule)","Only 1 defined term ('the Act')","Simple list-based structure prescribing specific persons and bodies","No nested exceptions or complex conditional logic","Straightforward cross-references to parent Act and other legislation for definitions","Schedule 1 is a simple two-column table mapping offences to fixed dollar penalties"],"plain_english_summary":"**What this regulation does:**\n\nThis is a NSW regulation that sets operational rules for the NSW Education Standards Authority (NESA) — the body that oversees teaching standards, school curriculum, and teacher accreditation in New South Wales.\n\n**Key things it covers:**\n\n* **Who can act on NESA's behalf** — It lists specific people who can be authorised to perform NESA functions, including school principals, TAFE directors, early childhood education centre directors, and staff from both government and non-government school systems.\n\n* **Who NESA can share information with** — It expands the list of organisations NESA can exchange teacher-related information with, including interstate and international teacher registration bodies, Catholic and independent school associations, child safety authorities, and education research organisations.\n\n* **Fines for specific offences** — It sets fixed dollar amounts for penalty notices (on-the-spot fines) for offences under two education laws: the *Education Act 1990* and the *Teacher Accreditation Act 2004*. These range from $135 to $2,000 and cover things like failing to provide required information or breaching teacher accreditation requirements.\n\n* **Replacing the old rules** — This regulation replaces the 2019 version, with all existing decisions and actions under the old rules continuing to apply under the new ones.\n\n**Who it affects:**\n\n* Teachers and school leaders in NSW\n* TAFE and vocational training providers\n* Early childhood education centres\n* Non-government school authorities\n* Anyone dealing with teacher registration or school compliance\n\n**Why it matters:**\n\nThis regulation keeps the administrative machinery of education oversight running. It ensures NESA can delegate tasks to appropriate people in schools and training organisations, share necessary information with partner agencies, and enforce compliance through fines without needing to go to court for minor offences."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/education-standards-authority-regulation-2024","history":"/api/acts/education-standards-authority-regulation-2024/history","analysis":"/api/acts/education-standards-authority-regulation-2024/analysis","conflicts":"/api/acts/education-standards-authority-regulation-2024/conflicts","importantCases":"/api/acts/education-standards-authority-regulation-2024/important-cases","documents":"/api/acts/education-standards-authority-regulation-2024/documents"}}